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Minutes for HB2423 - Committee on Judiciary
Short Title
Enacting the act against abusive access litigation to create a civil action for determining whether litigation that alleges any access violation under the Americans with disabilities act or similar law constitutes abusive litigation and authorizing penalties for such abusive litigation.
Minutes Content for Thu, Mar 2, 2023
Chairperson Patton opened the hearing on HB2423. Natalie Scott provided on overview of her bill brief. (Attachment 9)
Proponent
Eric Stafford (Attachment 10) stated the Kansas Chamber represents small, medium and large businesses of all industry segments across the state. They appreciate the opportunity to testify in support of HB2423, a bill that has been introduced as Kansas businesses are being targeted for allegedly having websites not in compliance with the Americans with Disabilities Act (ADA). Appearing with him today is Ryan Kriegshauser who is private counsel to the Kansas Chamber and can speak to the technical aspects of this legislation.
Ryan Kriegshauser (Attachment 11) provided data explaining this is not only a problem in Kansas, but other states have or are introducing similar legislation to address the issue. Plaintiffs have no intention of going through with making sure violations of ADA law are being corrected. They are simply out for settling for cash. Mr. Kriegshauser believes these cases are not genuine in their desire to find a solution to ADA compliance issues. These are repeated claims where small businesses appear to be randomly and geographically targeted in hopes of reaching multiple settlements. The Chamber believes HB2423 will offer protections against Kansas businesses who are unfairly targeted for ADA compliance issues and creates a mechanism by which the abusive practices can come to an end while still offering protections for plaintiffs with legitimate claims.
Cory Peterson (Attachment 12) explained he is here today to offer you a glimpse into a situation he is facing as a small business owner in Kansas. Mr. Peterson went on to explain the details of his situation saying he does not believe he is alone in what he is dealing with. Mr Peterson hopes the membership can provide some protections for small businesses in Kansas from future abusive litigation.
Daniel Murray (Attachment 13) explained the Nation Federation of Independent Business (NFIB) fights hard for legal reform in all 50 states. Small business owners do not have in-house counsel and the vast majority cannot afford to hire lawyers to defend their business and reputations in court. Trial lawyers know this and, as a result, small business owners are easy targets for the plaintiff’s attorney looking for a quick payout. Just one frivolous lawsuit can force a small business to close its doors forever. It is shameful that predatory trial attorneys are using this historic legislation to make money on the backs of fearful small business owners. Mr. Murray asked to consider HB2423 favorably for passage to help stop this practice. Mr. Murray thanked the membership for their consideration of his comments.
The proponents stood for questions.
Written Proponent
Kelly VanZwoll, Assistant Vice President Government Relations, Kansas Bankers Association (Attachment 14)
Opponent
Ami Hyte (Attachment 15) explained the American with Disabilities Act (ADA) does not allow disabled people asking for compliance to make a claim for personal compensation or monetary penalties. The only relief a successful litigant can get under the law is that a public serving entity should make it so disabled people can patronize their business. HB2423 would punish disabled people trying to use a public service more than any law would “punish” businesses that after 30 years choose to continue to exclude disabled people. They firmly oppose HB2423 and its attempt to disrupt efforts of disabled people to address barriers which exclude and often deny us access to meeting our most basic needs. Ms. Hyte indicated her organiztion would be open to discussion for resolution of this problem but ask that members of this Committee and this legislative body vote no on HB2423.
Lane Williams (Attachment 16) stated HB2423 in its current form is too broad because it potentially can be used to deter meritorious claims by Kansans with disabilities. It appears that the bill is trying to solve a small problem with a large hammer. Mr. Williams provided details on how the bill could be amended to better address the problem.
The opponents stood for questions.
Written Opponent
Barb Conant, Co-administrator, KanCare Advocates Network (Attachment 17)
Callie Denton, Executive Director, Kansas Trial Lawyers Association (Attachment 18)
Chairperson Patton closed the hearing on HB2423.
Chairperson Patton adjourned the meeting at 5:12 pm.
